Originally posted 2022-04-13 11:15:19. While I have focussed on the recent “pay if paid” legislation in recent posts, the Virginia General Assembly has taken other action that is of interest to those of us that represent construction professionals in Virginia. One such action is yet another tweak to the so-called “wage theft” statute that essentially […]
A Good Examination of Fraud, Contract and Negligence Per Se
Originally posted 2018-02-27 16:36:32. I have spoken on several occasions here at Construction Law Musings about the interplay (or lack thereof) between fraud and contract as it relates to construction in Virginia. The general rule is that fraud and contract claims don’t mix and a fraud claim in the face of a contractual one is […]
Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)
Originally posted 2020-08-31 11:51:41. I’ve discussed the continuing litigation between White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. previously here at Construction Law Musings because the case was another reminder that your construction contract terms matter and will be interpreted strictly here in the Commonwealth of Virginia. The prior opinion in this […]
Happy Holidays from Construction Law Musings
We are nearing the end of another year and looking forward to the next. Most of the Hills are home for the holidays (my oldest and her husband are celebrating in Pittsburgh) for some Christmas cheer while Musings takes some holiday R & R. I wish you all Happy Holidays and Merry Christmas from The […]
PSA: Pay If Paid Ban Goes into Effect on January 1, 2023
I have written a couple of times here at Musings regarding the new pay-if-paid legislation passed by the General Assembly last session. While the statute has some inconsistencies and a working group has made some recommendations, the legislation as passed will go into effect on January 1, 2023, without any changes (at least until next […]